ORDE MORTGAGE CUSTODIAN PTY LTD v GAZZARD

80 VR 72·Steffensen AsJ
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80 VR 72
ORDE MORTGAGE CUSTODIAN PTY LTD v GAZZARD Supreme Court of VictoriaSteffensen AsJ 10 April 2026[2026] VSC 202Mortgages — Equity of redemption — Where mortgagor proposes to pay judgment sum but not further amounts claimed by mortgagee — Whether mortgagor entitled to order that mortgagee execute discharge of mortgage.

G was the registered proprietor of a property in Torquay. OMC was the first registered mortgagee of the property, and had obtained a default judgment to take possession, following G’s default in payment. On G’s application to set aside the default judgment, the Court varied the judgment, reducing the amount payable pursuant to the mortgage on the basis that G had a prima facie defence in relation to the amount of the reduction.

  • (a)
  • (b)

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